Sen. Boxer Floor Statement in Opposition to Alito Nomination
(Democrat - California)
01/25/06 "Will Justice Alito vote to uphold
Congress’s constitutional power to pass
laws to protect Americans’ health,
safety, and welfare? Judge Alito’s
record says no.
In the 1996 Rybar case, Judge Alito
voted to strike down the Federal ban
on the transfer or possession of machine
guns because he believed it exceeded
Congress’s power under the
Commerce Clause. His Third Circuit
colleagues sharply criticized his dissent
and said that it ran counter to ‘‘a
basic tenet of the constitutional separation
of powers.’’ And Judge Alito’s
extremist view has been rejected by six
other circuit courts and the Supreme
Court. Judge Alito stood alone and
failed to protect our families.
Will Justice Alito vote to let citizens
stop companies from polluting their
communities? Judge Alito’s record
says no.
In the Magnesium Elektron case,
Judge Alito voted to make it harder for
citizens to sue for toxic emissions that
violate the Clean Water Act. Fortunately,
in another case several years
later, the Supreme Court rejected the
Third Circuit and Alito’s narrow reading
of the law. Judge Alito doesn’t
seem to care about a landmark environmental
law."
Sen. Obama Floor Statement: NOMINATION OF JOHN ROBERTS
(Democrat - Illinois)
09/22/05 "In those 5 percent of hard cases, the
constitutional text will not be directly
on point. The language of the statute
will not be perfectly clear. Legal process
alone will not lead you to a rule of
decision. In those circumstances, your
decisions about whether affirmative
action is an appropriate response to
the history of discrimination in this
country or whether a general right of
privacy encompasses a more specific
right of women to control their reproductive
decisions or whether the commerce
clause empowers Congress to
speak on those issues of broad national
concern that may be only tangentially
related to what is easily defined as
interstate commerce, whether a person
who is disabled has the right to be accommodated
so they can work alongside
those who are nondisabled—in
those difficult cases, the critical ingredient
is supplied by what is in the
judge’s heart."